Ryan James Shelley v. State of Indiana (mem. dec.)

• Court: Indiana Court of Appeals
• Decided: April 29, 2016
• Docket: 40A04-1510-CR-1709
• Status: Published

Opinion

MEMORANDUM DECISION Pursuant to Ind. Appellate Rule 65(D), FILED this Memorandum Decision shall not be Apr 29 2016, 8:51 am regarded as precedent or cited before any CLERK court except for the purpose of establishing Indiana Supreme Court Court of Appeals the defense of res judicata, collateral and Tax Court

estoppel, or the law of the case.

ATTORNEY FOR APPELLANT ATTORNEYS FOR APPELLEE R. Patrick Magrath Gregory F. Zoeller Alcorn Sage Schwartz & Magrath, LLP Attorney General of Indiana Madison, Indiana Lyubov Gore Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA

Ryan James Shelley, April 29, 2016 Appellant-Defendant, Court of Appeals Case No. 40A04-1510-CR-01709 v. Appeal from the Jennings Circuit Court State of Indiana, The Honorable Jonathan W. Appellee-Plaintiff Webster, Judge Trial Court Cause No. 40C01-1301-MR-001

Bailey, Judge.

Court of Appeals of Indiana | Memorandum Decision 40A04-1510-CR-01709 | April 29, 2016 Page 1 of 4 Case Summary [1] Ryan James Shelley (“Shelley”) appeals his fifty-eight year sentence for

murder,1 asking this court to find his sentence inappropriate and revise it to the

advisory sentence of fifty-five years.2 We affirm.

Facts and Procedural History [2] On December 27th, 2012, Shelley shook his girlfriend’s infant daughter, causing

her death. He was charged with murder,3 battery resulting in death,4 battery

resulting in serious bodily injury,5 aggravated battery,6 and neglect of a

dependent resulting in death.7 Shelley pled guilty to murder as part of a plea

agreement, providing that the court impose a sentence between fifty-five and

sixty years and dismiss his other charges. The trial court sentenced Shelley to

fifty-eight years imprisonment, ordered him to pay a hundred dollar fine, and

dismissed his remaining charges. (App.172-74.) Shelley now appeals.

1 Ind. Code § 35-42-1-1(1). Indiana’s Criminal Code was substantially revised, effective July 1, 2014. At all times, we refer to the version of the criminal code in effect at the time of Shelley’s offenses. 2 I.C. § 35-50-2-3. 3 I.C. § 35-42-1-1(1). 4 I.C. § 35-42-2-1(a)(5). 5 I.C. § 35-42-2-1(a)(4). 6 I.C. § 35-42-2-1.5(1). 7 I.C. § 35-46-1-4(b)(3).

Court of Appeals of Indiana | Memorandum Decision 40A04-1510-CR-01709 | April 29, 2016 Page 2 of 4 Discussion and Decision [3] The authority granted to this Court by Article 7, § 6 of the Indiana Constitution

permitting independent appellate review and revision of criminal sentences was

implemented by the Indiana Supreme Court through Appellate Rule 7(B). We

may “revise a sentence authorized by statute if, after due consideration of the

trial court’s decision, the court finds that the sentence is inappropriate in light of

the nature of the offense and the character of the offender.” Ind. Appellate

Rule 7(B). The primary purpose in this type of review is to “leaven the

outliers” and focus on the aggregate sentence for the crime(s) committed.

Caldwell v. State, 895 N.E.2d 1219, 1125 (Ind. 2008).

[4] The nature of the offense gives us no reason to revise the sentence downward.

Shelley pled guilty to murder of a child for whom he was in a position as

caretaker.

[5] Turning to his character, Shelley has at least 14 criminal convictions (including

two felonies) and one formal juvenile adjudication. His convictions include

visiting a common nuisance, criminal mischief, battery, alcohol and drug

possession, resisting law enforcement, sexual misconduct with a minor, and

failure to register as a sex offender. While he expressed remorse, Shelley

benefited from his plea agreement under which he received less than the

maximum possible penalty.

Conclusion

Court of Appeals of Indiana | Memorandum Decision 40A04-1510-CR-01709 | April 29, 2016 Page 3 of 4 [6] In light of Shelley’s offense and his character, we conclude the sentence is not

inappropriate.

[7] Affirmed.

Bradford, J., and Altice, J., concur.

Court of Appeals of Indiana | Memorandum Decision 40A04-1510-CR-01709 | April 29, 2016 Page 4 of 4